Does a failure of instruction to require a jury to produce written findings by the jury regarding the aggravating factors found and considered in returning a death sentence violate a defendant's constitutional right to meaningful appellate review?

California, United States of America


The following excerpt is from People v. Homick, 150 Cal.Rptr.3d 1, 289 P.3d 791, 55 Cal.4th 816 (Cal. 2012):

The failure of the court's instruction to require specific written findings by the jury with regard to the aggravating factors found and considered in returning a death sentence did not violate defendant's constitutional rights to meaningful appellate review and equal protection of the law. ( People v. Parson (2008) 44 Cal.4th 332, 370, 79 Cal.Rptr.3d 269, 187 P.3d 1.)

[123] (3) California homicide law and the special circumstances listed in section 190.2 adequately narrow the class of murderers eligible for the death penalty.... [Citation.]

[150 Cal.Rptr.3d 80]

( People v. Riggs, supra, 44 Cal.4th at p. 329, 79 Cal.Rptr.3d 648, 187 P.3d 363.)

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